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AmitU (Texas)
Posts: 12
Posted:
I have a privacy screen added to my backyard. My backyard faces a road. To negate noise and safety added 3 ft Privacy fence above the current HOA wall ( not touching it)
Initially it was approve by ACC, Board steps in and started denning under some non existence 5ft rule to build anything near the wall " Fence cannot be built within 5 feet of the community wall per city ordinances"

There is no such rule and my application was approved by City.

What re my options?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Prove it by quoting your HOA documents or the City ordinance. It may not appear as pleasing as originally thought it would look. Had a neighbor that had a pool. At one time a Rottweiler lived at the house that like to escape. There was a 4 foot chain link fence around their property. However, they also installed an additional wood privacy fence directly above the chain link fence in some areas. It was great for keeping the dog in and blocking the view of the pool. However, they did not install the panels for the wood fence until 4 feet up. Imagine a 4 foot chain link fence with an additional 6 foot privacy fence above it. It was NOT a good look.

This may be a similar case where what is on paper doesn't translate well to real world. The HOA is about appearances and consistency. If what you put up is out of the "norm" it could be considered an eye sore. You may want to draft up another plan that may look a bit better.

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
If you have the approval in writing from the HOA, I would simply show them a copy of the approval.

If the board still says that doesn't matter, explain that you worked with the board in good faith on the contract (CC&Rs & written approval), requested and received approval, spent time, money and energy having the fence installed and you should be compensated for that time, money and energy if the board is now breaching the contract you made with them about the fence. Then name the figure for compensation (time, money for install and removal).

If the board still says no - now you have a decision to make. Do you want to make this a legal battle or not?

If the answer to that is yes, consult an attorney versed in contract law.
AmitU (Texas)
Posts: 12
Posted:
My Problem is, it seems I and my neighbor has been targeted by the HOA
there are others how have done this and none have got any notice.

Can I sue the Board members? or it has to be the HOA?
AmitU (Texas)
Posts: 12
Posted:
My Problem is, it seems I and my neighbor has been targeted by the HOA
there are others how have done this and none have got any notice.

Can I sue the Board members? or it has to be the HOA?
AmitU (Texas)
Posts: 12
Posted:
My Problem is, it seems I and my neighbor has been targeted by the HOA
there are others how have done this and none have got any notice.

Can I sue the Board members? or it has to be the HOA?
SheliaH (Indiana)
Posts: 6,964
Posted:
You haven't even tried to file an appeal with the board on this and you're talking lawsuit already? Is there a reason you can't or refuse to take Melissa or Tim's suggestion?

I assume you've checked the city code and didn't find anything and your fence was approved by the city. However, you might want to keep reading your documents and perhaps check state law. Some state HOA legislation states if the community's CCRs are more stringent than local law or state law, the HOA rules trump them. This doesn't apply to everything - for example, federal fair housing laws trump everything.

Try sending a letter (maybe certified, so someone has to sign for it and get the return receipt requested card. Give the board 30 days to respond and also request an appeals hearing. If you hear nothing, then you can talk to a private attorney about your options. If you do need to sue (the association, not the board), don't forget to request reimbursement of your court costs and attorney fees if you win.

Finally, deal with your own business and let your neighbors deal with theirs - unless all of you have the same problem (fence approval). They can file their own appeal and if you all lose, you may be able to see if the reasons are consistent. If not, discuss what's next at that time.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AmitU on 03/12/2024 2:23 PM

Can I sue the Board members? or it has to be the HOA?

To go after board members individually, you must first pierce the corporate shield (aka corporate veil)

If you are thinking of bringing legal action, I would strongly recommend:

1) Quit posting about this issue online (it may or may not have unintended consequences for legal action)..
2) Determine what you are wanting from any legal action.
3) Consult with a local attorney, one versed in contract law.
DeanJ
Posts: 1,786
Posted:
Sounds like the addition is placed on a common area. If so, the board has wide discretion of what is placed on there.

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